Government to Appeal Cobell Award

Ah, the government’s going for the big banana — they appear to be arguing that since Judge Robertson’s earlier opinion that an accounting was impossible also means that a money award is impossible, too.

Here’s the news article.

Shortchanging Indian Country

Recently, the district court in Cobell v. Kempthorne awarded the Indian plaintiffs about $455.6 million. This is down from the $7 billion on the table a while back.

And now, the Supreme Court has decided to defer a question on the mere interest of an award to the Exxon Valdez plaintiffs, including Alaskan Native villages, of about $488 million. And that is just on the compensatory damages award of over $500 million, far less than the billions of punitive damages awarded in the original verdict.

My guess is that the Court will keep driving these numbers down if they get a chance to the future.

Court Awards Cobell Plaintiffs $455.6 Million

The final decision in Cobell is out — the Cobell plaintiffs are owed $455.6 million, according to Judge Robertson.

Here is the opinion.

There will be most certainly appeals to the D.C. Circuit and the Supreme Court by whomever does not prevail in the appellate court, but the trial court’s decision will likely be entitled to great weight on appeal.